New Hampshire Waiver by Surviving Spouse- Efiling Only

State:
New Hampshire
Control #:
NH-SKU-0867
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PDF
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Description

Waiver by Surviving Spouse

The New Hampshire Waiver by Surviving Spouse-E filing Only is a filing exemption that allows the surviving spouse of a deceased person to waive their right to receive an inheritance from their deceased spouse’s estate. This waiver is available to surviving spouses who have been married to the deceased for at least one year prior to their death. This waiver must be filed electronically with the New Hampshire Department of Revenue Administration. There are two types of waivers under this filing exemption: the Property Tax Waiver and the Inheritance Tax Waiver. The Property Tax Waiver allows the surviving spouse to waive their right to receive property and real estate from the deceased’s estate. The Inheritance Tax Waiver allows the surviving spouse to waive their right to receive any cash or personal property from the deceased’s estate.

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FAQ

(a) "Next of kin'' means: (1) Adult child by blood or adoption only in the absence of a surviving spouse. (2) Parent, only in the absence of a surviving spouse or adult child.

HEIR-AT-LAW is a person who is entitled to receive the decedent's personal or real property under the intestacy succession laws if there is no will. 2. List all the children born of or adopted by the decedent who were living at the time of the decedent's death. (If more space is needed, attach additional pages.)

When a person dies without a will, their estate is called an intestate estate. It is the Administrator's responsibility, under the court's supervision, to ensure that the debts and assets of the estate are managed and distributed in ance with New Hampshire law.

Under New Hampshire law, the surviving spouse has the right to elect to take an elective share. The elective share is is an election against the homestead right and anything that the surviving spouse would have received under the will.

If you are unmarried and die without a valid will and last testament in New Hampshire, then your estate passes on to your children in equal shares. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.

You may be able to avoid probate in New Hampshire by: Making a Revocable Living Trust. Titling property: Joint Tenancy. Community Property With Right of Survivorship. Tenancy by the Entirety. Create accounts as TOD or POD (Transfer on Death; Payable on Death) Establish beneficiaries.

MANAGING THE ESTATE For all forms of administration, the estate must remain open for at least six months from the date of appointment to allow creditors to present claims. If all claims have been paid, the estate may be closed and a final account filed after six months.

After a person dies, the state supervises the administration of his or her estate in a process called probate. New Hampshire does not require every estate to go through probate. Review the state's probate rules to inform your estate plans and ensure your executor can carry out your wishes as intended.

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New Hampshire Waiver by Surviving Spouse- Efiling Only